U.S. Court of Appeals for the Ninth Circuit, 2012

United States v. Jesus Rivera-Alvarado

United States v. Jesus Rivera-Alvarado
U.S. Court of Appeals for the Ninth Circuit · Decided April 24, 2012 · Schroeder, Thomas, Graber
472 F. App'x 746

United States v. Jesus Rivera-Alvarado

Opinion

MEMORANDUM *

Defendant Jesus Rivera-Alvarado appeals his sentence following his convictions for conspiracy to distribute and possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846; distribution and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841; possession of a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c); and being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g), 924(a). We affirm.

The district court did not err in admitting the jury verdict during the hearing under 21 U.S.C. § 851. We assume, without deciding, that the Federal Rules of Evidence apply to a hearing under 21 U.S.C. § 851. Federal Rule of Evidence 201(b)(2) permits a court to take judicial notice of a fact that “can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.” Those requirements plainly were met here. *747 Judicial notice of the verdict, as was requested by the government, was therefore proper.

AFFIRMED.

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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